Criminal Justice & Prison Reform is in Gridlock in the California
Legislature
Dr. B. Cayenne Bird
Dr. B. Cayenne Bird is an ordained minister and a 37-year
veteran op-ed journalist and publisher. She volunteers her time as founder
and director of United for No Injustice, Oppression or Neglect UNION. The
UNION is active in prison reform and criminal justice issues. She is a
mother and grandmother and focuses on human rights and restorative justice.
She is also the host of television series "Cayenne Common Sense" and publishes
a daily online newsletter to subscribers.
January 13, 2006
"The price of apathy towards public affairs is to be ruled by evil men."
To be a good watchdog of the government and an opinion writer, it's
necessary to be cynical. The reason, of course, is that everything the
legislature does is packaged more for the marketing and advancement of
political careers than for the good of the people.
Watchdogs should believe nothing until it actually proves out to be
a fact, and not be placated by any meat baits along the way which might
be designed to stop pressure.
We all want to feel hopeful that the best of humanity is represented
amongst those we elect to office. Hope is what keeps us alive. The men
and women on death row and those confined in the bloodhouse prisons are
particularly in need of hope.
But what I have to offer today is cynicism because often legislative
promises give false hopes and slows down the actual reform because people
stop working to make it happen.. Millions of Californians had their holiday
season ruined by the blood thirsty Repugs who celebrated Christmas with
the public murder of Tookie Williams.
Now we're kicking off the New Year by the inhumane massacre of an old
Indian man, Clarence Ray Allen. With this one, I can only ask what have
we come to when we as people would allow our State to murder in our names
an old sick man who is far beyond being any sort of threat to anyone. How
many people really have the power to "order" murders from prison especially
when there is no money to hire hit men? Let's get real! I don't know anyone
in my address book who would go out and kill another person because I asked
them to do it. There is no evidence of this taking place. The reasons why
we are killing people are getting sillier each time.
Isn't this execution of Allen more about Arnold pleasing his blood-thirsty
voting base for the upcoming election? Most studies show that murders are
committed by mentally ill people and killing one of them to show that killing
is wrong has never been a crime deterrent. There are no statistics anywhere
that prisons, jails, juvenile halls and harsh laws such as the death penalty
do one thing to reduce crime There are many success stories around restorative
justice techniques that would smarter and more cost effective to implement
if anyone really wanted to reduce crime.
The warriors to end the death penalty are still understandably depressed
and grieving over the barbarism of a Governor who lives in a fantasy land,
a Governor who is little more than a cartoon character himself but who
has the power to order people to die.
We, the people, empowered this Governor by how we voted, or did not
vote, and how many poor people we registered to stand up against the Rethuglican
politicians who so love the prisons and the death penalty.
We let the skunks in the house so to speak.
So if we want to stop being sprayed with their disgusting output we
need to get the skunks out of our legislative houses. We do that with grassroots
work of writing to editors, doing massive protests, raising the money for
initiative campaigns so we can force changes in the law to be on the ballots
and rapidly building the voting machine necessary.
There are now three million voters tied with heart strings to a State
Prisoner. This does not include those with loved ones in juvenile halls,
federal prisons, on parole or probation. Only about 30% of these prisoners
are violent and they should be getting treatment in a healing manner to
make California a safer place for everyone. Three million is a voting group
size which outnumbers all the law enforcement labor unions who have financed
and elected people who will serve their interests to public office.
While most of the poor are uneducated, this formula was taught to almost
everyone in high school history and government classes - that the people
have the power to elect or recall when they all get together. It's amazing
to me how many people just don't get how simple it is to end the oppression
and barbaric tactics destroying their lives.
The California legislature is in gridlock which means that no important
reforms can take place. The Governor must sign all the bills before they
can become law.
Let's look at the process as it applies to the Death Penalty Moratorium
which in my opinion has no chance of passing through the legislature. Such
a moratorium must be forced as an initiative campaign because the Governor
will not sign it, especially in an election year since he represents a
party whose Holy Grail is punishing by prison or the death penalty.
The people who actually voted him into office, the only ones that matter
in a majority rules democracy, agree with the Governor and like this law.
While I believe they are not the majority of the people, they are certainly
the majority of those who vote or he wouldn't be up there stinking up our
house.
Most important law changes require a 2/3 vote which means that at least
some of the Repuglies must vote for it. If you study their records on how
they have consistently voted against amending the Three Strikes law for
example, it is easily predictable how the politicians are going to vote.
They have been purchased to cast their votes in a certain manner and it
doesn't take very long before you can see that the Repugs do lockstep voting
against every good idea the Democrats bring forward.
When a new law (bill) is proposed it must go through the battering line
of many committees assuming it makes it past the public safety committee.
Each committee must approve it and then it goes to the floor vote (that
means everyone) in elected office in both the Assembly and the Senate.
The Assembly floor is the most difficult to pass because so many of
them are rookies and the sheer number of Assembly members makes it almost
impossible to get anything that would prevent, educate or heal approved.
Although in more than a decade, I have seen this happen especially if an
initiative is going to be circulated which might be even more dramatic
a change than the bill. Sometimes they settle in those instances where
they know an initiative has enough of a voting group behind it and the
necessary first million dollars it takes to campaign a law change. If you
have the workers without the million dollars, you aren't taken seriously
as a voting group that can actually win an initiative campaign. But if
your group has those two elements - the funds and the volunteers to be
able to gather the signatures within 150 days - then you have much more
a chance to be taken seriously.
After all the committees, the large bodies of the Senate and Assembly
approve the bill it goes to the Governor for signing. A 2/3 majority IS
NOT required for this moratorium, it can pass both houses of the State
legislature with a simple majority which gives it more hope at this level
than when a 2/3 majority is required.
There are some Democrats who are actually closet Repugs who will vote
against the Death Penalty Moratorium. Gray Davis was a closet Repug on
criminal justice matters which is one of the reasons so many of his own
people recalled him. There are others who sneaked into office under this
banner. At least four "Democrats" that I know of and possibly more who
will likely show themselves by opposing this bill.
The largest block to the Death Penalty Moratorium bill will be the Governor
himself. When a man has murdered three people on death row, taken the lives
of old men, he cannot sign a moratorium bill because that would be an admission
that his judgement was bad.
Arnold is never going to sign a moratorium for the death penalty except
in the event he has another heart attack and is in the hospital on his
way to meet his Maker and has a change of heart at the last minute. I wouldn't
hold my breath for this one.
All the good bills pass the Public Safety Committee and if all our elected
officials were as enlightened as Assemblymember Mark Leno, we would have
seen good prison reforms years ago But as these reforms travel through
the battering lines of committees and finally to the floors of both houses
and then onto the Governor they get gutted and end up as a waste of time
by September. The Governor and those before him since Pete Wilson was elected
to office has vetoed every bill that would benefit the public safety including
prisoners and their families. Anything that would prevent, educate, rehabilitate
or heal is voted down automatically as a "waste" of money even though studies
have proven time and again that restorative justice works to reduce crime.
There is no reason why this predictable trend is going to change now
even as other states adopt Moratoriums on the death penalty.
If, you the voter, want the skunks out of our legislative houses it
is up to you to organize and mobilize at least twenty people that you know
to help get out the vote against 99% of the Rethuglicans running for any
office. There is an occasional good one but this is so rare that it is
barely worth mentioning. Check the Democrats too and if you see endorsements
by law enforcement labor unions in their literature, campaign hard against
that person regardless of their party. Ultimately they are going to be
the ones deciding your fate and preventing them from getting elected in
the first place is the greatest offensive move you can make.
Initiatives, recalls and putting your own people into office are tremendously
expensive while bringing twenty people each to the polls is something we
can all do. It's work, but liberty and justice has never been for free.
Each new generation must fight for it as those darned skunks just keep
on breeding. Getting out the vote is the something that has been missing
or the Amend Three Strikes initiative would never have failed and the skunks
that block all the reform bills would never be sitting in our Houses in
Sacramento.
It's up to the people to change the laws. Organizing is simple but each
person has to want it bad enough to put in a few hours per week. How much
do you want these bad laws changed? Enough to get 20 people to the polls?
Enough to put up a few bucks to support advocates? Those who oppress you
do not have any trouble at all with organizing. That is how they do it
TO you. It's shortsighted of you to allow this to happen when the human
rights people outnumber everyone and could cream the skunks at the polls.
It's dumb to be the victim of other voting groups when those of your opinion
outnumber them all.
If we aren't going to get together and do important initiative campaigns
then we have no right to complain. We are fortunate to have the initiative
process in California. It means that 6500 people committed to a little
work and putting up a little money can get together and pay an attorney
to file a law change with the Secretary of State
Then there are 150 days to meet the goal of enough signatures. This
would mean that the trained base of 6500 people must collect at least one
signature per day from a registered voter. Then when the signatures are
gathered and this means of REGISTERED voters (they check everyone) with
clear handwriting, the proposed change in the law goes on the ballot.
The groups who do these initiatives constantly know that once you have
the trained base together, a million dollars for the cost of the campaign
can be raised in a few hours with a single email. Each person puts into
the pot and boom! The power machine is launched.
This is why you have these terrible laws in place. Law enforcement labor
unions who usually vote Republican know this technique well and they do
not begrudge the time or the dollars it takes to build and set this ugly
machine in motion for job security.
It's all about money and hype for political careers.
It's time for us to dry our eyes and wake up the sleeping majority.
The Skunks are in our Houses, let's get together and get them out and seal
up all the entrances where they might enter by paying attention and being
active with what's going on.
Ultimately the stench of skunks on the loose ruins our entire environment
and we can no longer live. Just view it as an infestation that needs to
be eradicated with noise, lots of pens, protest signs, letters to editors,
purchased TV ads if possible, and ultimately initiative campaigns to informed
voters who are educated and ready to agree with you.
Surely you are smarter than a skunk! Our forefathers were thinking of
you when they set up the system and reminded us all that we have a duty
to keep it pristine and functioning. Nobody had the luxury of being depressed
then and the same is certainly true now.
The good people outnumber them all, so get a move on to organize and
mobilize now as elections are coming and skunks are running for public
office. Nothing good can happen with so many of them in the legislature,
and certainly not with one of them as Governor.
Here are some quotes of famous people who tried to deliver the same
message
Martin Luther King, Jr.:
Nothing in the world is more dangerous than sincere ignorance and conscientious
stupidity.
A.E. Houseman:
Three minutes thought would suffice to find this out; but thought is
irksome and three minutes is a long time.
Albert Einstein:
Two things are infinite: the universe and human stupidity; and I'm not
sure about the universe.
Robert M. Hutchins:
The death of democracy is not likely to be an assassination from ambush.
It will be a slow extinction from apathy, indifference, and undernourishment.
Thomas Carlyle:
Instead of saying that man is the creature of circumstance, it would
be nearer the mark to say that man is the architect of circumstance.
William Lloyd Garrison:
The apathy of the people is enough to make every statue leap from its
pedestal and hasten the resurrection of the dead.
The true nature of a heart is seen in its response to the unattractive.
When women are depressed, they either eat or go shopping.
Men invade another country. It's a whole different way of thinking.
-- Elaine Boosler
Diplomacy is the art of saying 'Nice doggie' until you can find a rock.
-- Will Rogers
We are all in the gutter, but some of us are looking at the stars.
The world is a dangerous place to live; not because of the people who
are evil, but because of the people who don't do anything about it.
Author: Albert Einstein
If moderation is a fault, then indifference is a crime.
Author: Georg C. Lichtenberg
There is nothing harder than the softness of indifference.
Author: Juan Montalvo
"Ignorance and apathy of the people rule governments.
Knowledge is power. Knowledge comes from reading newspapers,
not from getting your news from television alone"
B. Cayenne Bird
rightor1@yahoo.com
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